Developer interested in my land

Geenie

Take VERY good legal advice when it comes to working with developers. They have entirely their own interests at heart and making as much money as possible, then leaving when the manure hits the fan. As already stated, what could have been permitted at first can be changed during a development, so make sure if you sell the land, you have water tight covenants in the deeds as to what they can do, and how it impacts on your property in the future if intending to stay.


Have you thought about developing your own land? Just a thought, but if your garden is that large, you could get planning permission for selling a plot with a house at an even better price then being offered! Do research and talk to Planning Officers. They are very helpful.

Just remember that once you sell, it is gone. Best of luck to you, but enjoy your large garden, as it is a luxury few can afford on this crowded Isle.

Geenie

hethmar wrote: »

gdb, covenants are notoriously difficult to enforce.

Don't agree. I know people who have enforced covenants decades after when they were first put on a house deed. Example is, a recent thing in my village.

Original land owner sold a house and a very large plot in the 1950's with a covenant stating that if the garden was developed, they had a certain percentage of the price paid. They just got £20,000 when said garden had another house built on it this last year 08. No fight. It was water tight and the owners had to cough up else they would never have been allowed to develop or get permission.

03022242

if this were me, and i didnt want to sell part of the garden, id put the whole house on for sale, for a stupid inflated price, say 40% above todays value, and see what happens!

Doozergirl

Geenie wrote: »

It was water tight and the owners had to cough up else they would never have been allowed to develop or get permission.

You can get Planning Permission regardless of whether there are covenants, they're not interested.

If it affects you, you have to enforce those covenants.

david29dpo

poppysarah wrote: »

Do mortgage company not have to know as the asset they lent on just got smaller?

Yes they do.

Entertainer

Geenie wrote: »

Don't agree. I know people who have enforced covenants decades after when they were first put on a house deed. Example is, a recent thing in my village.

Original land owner sold a house and a very large plot in the 1950's with a covenant stating that if the garden was developed, they had a certain percentage of the price paid. They just got £20,000 when said garden had another house built on it this last year 08. No fight. It was water tight and the owners had to cough up else they would never have been allowed to develop or get permission.

The point is that in that case, the covenant was very clear- a certain percentage. Speaking from experience, when it comes to "oscuring natural light" it is very much open to interpretation. There are no codes to refer to or much definitive case law. Solicitors and surveyors that I knew basically had no more idea than you and I, so a covenant restricting development was essentially just a bargaining chip to put pressure on the other party to come to an agreement.

I am not familiar with the comprehensiveness of modern day covenants.

divadee

03022242 wrote: »

if this were me, and i didnt want to sell part of the garden, id put the whole house on for sale, for a stupid inflated price, say 40% above todays value, and see what happens!

thats what i did but over-egged it to more than 52% and the neighbour soon backed off lol

I have personaly been through a neighbour asking to buy part of our land, and it was a nightmare. we didnt want to sell, and now the same man is trying for planning without our garden but keeps getting refused.

If he had bought our house, I would of been ok about it really i would of got a much much better one for £500K lol

GDB2222

hethmar wrote: »

gdb, covenants are notoriously difficult to enforce.

True. But there's a big difference between positive and negative covenants. So, 'cannot build here' is easier to enforce than 'must keep fence in good repair'.